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[dshier89]

Hi, I purchased my sc and it should be here in about 5 days. Will I get taxed when it's delieverd? I'm in the US and he sent it  Xpress with canada post. Any ideas?

[Diablo]

How are you paying?  Did you already pay for it, or are you paying COD?  If you've already paid for it, then the deal's final: no more money will be transacted for the purchase.

I've ordered from China, Japan, and Canada, and I've never been charged import taxes, if that's what you're inquiring about (I live in Cali).

[dshier89]

Ya, I already payed for it. I also asked someone who previously bought from them and they said they didn't get taxed.

[biggreen]

I've had to pay tax/duty on several shipments that I have recieved from the sates and abroad. I'm not sure how it works there but here in Canada taxes can/will be levied upon delivery regardless of whether you have pre-paid or it is COD as it is the governments cut on the deal. I have been charged by Canada post and UPS on several occasions. I'm not exactly sure how they decide when they are gonna charge or not but they will not hand over goods until said charges have been paid. Once I had to pay $22 duty on an item, that with shipping, only cost $26 in to buy, now thats tax.
:?

[dshier89]

Well that's canada :-D I live in the US and I don't think I will since i've orderd from japan before and it didnt get taxed.

[biggreen]

Most shipments are fine but it seems like every 10 or so comes with an unexpected bill. Hopefully you won't have to pay anything, but if the US is anything like Canada, I wouldn't entirely count it out.

[Diablo]

Canada is nothing like the US when it comes to things like taxes (they're more like Britain).

In the US, if you are charged additional fees without first being informed you may be charged those fees, you have means for a lawsuit, and have the ability to suspend the business license of the company over illegal business activity (illegally charging your credit account, or charging hidden, undisclosed fees, for example).  That's where Consumer Affairs and laws such as the Consumer Protection Act comes into play. :wink:

Of course, how litigation would go with a Canadian company sued by an American consumer over the matter, I don't know.

[biggreen]

Well we are talking "duty" or tax here. So the money is being charged by the government, not by any company, so i think any lawsuits are unlikely. Think of mail delivery the same as you do crossing the border with goods in a car, because esentially this is what it is. The customs officer asks you if you have any items to declare. If you do and you are the honest type you show him your reciepts and he/she decides if you have any taxable items onboard. So even though you have paid full price for the item in the store you may still be responsible when you try to take it across the border for extra government impossed duty.
Like I said though, this is how it works in canada. I guess in the states you don't pay any duty.

[Diablo]

Yes, the US does have duty taxes (though, they don't really enforce it as much as Canada or Britain, for example).  However, if, as an American consumer, you are charged additional charges without being properly informed prior to the sale, you are entitled to legal actions (even if the charges are expected, such as import taxes, duty taxes, or sales tax).

As I said, though, I don't know how it would work when it comes to import sales. :?:

[biggreen]

I can tell you one thing. If you bought a load of softwood lumber from me on ebay you'd be paying some duty :lol:
Seriously though, I'd have a hard time believing that you would have grounds for a lawsuit against me becuase i didn't inform you that your government would charge such fees. How is that my responsiblity? Canada post, for instance, does not charge any "american" duties when I send an item, so that would mean I would have to cantact someone from american customs to find out about the item and whether it required duty. Likewise, when you send something from the states USPS doesn't charge any canadian imposed duty to you the sender, therefore when it exchanges hands at the border to Canada Post they assume the tax, placed by customs, and pass it onto you upon delivery.

[biggreen]

Of course we could speculate all day but here some actual facts.    
http://pages.ebay.com/help/policies/international-buyers.html



p.s. good luck with the lawsuits

[Diablo]

What actual facts?  Firstly, that's just what eBay says, not what the law or case history says.  Secondly, their "facts" include a bunch of "might" statements.

I can tell you one thing. If you bought a load of softwood lumber from me on ebay you'd be paying some duty :lol:

Seriously:  all I said is that Canada is much more restrictive when it comes to importation laws than the US is.  I said we do have duty taxes in the US, but they're not really enforced.  If I purchase a few hundred pounds of lumber from you, then of course I'm going to have to pay a duty tax on that.  However, if you don't tell me I may be charged such a tax, in America, I have grounds for a lawsuit for wrongful business conduct on your behalf.

As I said, since you, the seller, are not located in the US, I don't know how the litigation would unfold.  However, if you were, say, an American business, and the tax was a usage tax, you could be sued for not disclosing the possibility of the additional charge.  eBay knows this, and they cover up their rears by posting that very information you linked.

Canada post, for instance, does not charge any "american" duties when I send an item, so that would mean I would have to cantact someone from american customs to find out about the item and whether it required duty.

You would be required to say that the item may be subject to a duty tax.  You don't even have to think it's a possibility, but as long as you inform the consumer that it is possible, you are off the hook.  You don't need to know if it will, nor do you need to inform the consumer how much it may cost; you just need to tell them there may be an additional charge.  Similarly, a doctor is required to tell you the medicine you're taking may cause you to have a heart attack.  Does he think you will?  No, because only one in every few hundred thousand do, and you are in peak physical condition.  Is it a possibility?  Of course, which is why he is required by law to tell you.

Likewise, when you send something from the states USPS doesn't charge any canadian imposed duty to you the sender, therefore when it exchanges hands at the border to Canada Post they assume the tax, placed by customs, and pass it onto you upon delivery.

I think we all know how duty tax works.  That's not what is the issue.  The issue is how each government enforces the tax, and the actions of their businesses.  The US is not as strict in regards to duty tax, but is very strict when it comes to consumer protection.

I was done with this conversation three posts ago.  We obviously are not addressing the same points, and the conversation is without merits, so there's no need to waste more virtual space on this topic, IMO.

[biggreen]

I don't quite understand your whole comparison to buying in country. In what situation would you ever be charged duty on something bought in your own country?
If you had taken the time to look you would see links to the U.S customs&boder protection on that ebay page and some good rules of thumb from ebay too boot. There is quite a bit of information there with links to facts regarding this issue. I was simply trying to close this post off with some factual information instead of some random opinion based on no actual apparent facts. You said the deal is done when you pay for the item and that you can't be charged any duty, this is obviously not the case as shown by that link.
Infact if you read the original post that started this thread that link is  the most informed answer  posted here. Thank you and good day.

[Diablo]

LOL... :lol:

You're so mistaken.  I have not said anything about paying a duty tax if the seller and purchaser are in the same country, as that is entirely impossible.

And as far as there being good links to facts, I could link you to Google, and say there's good links to facts there. :lol:

I was simply trying to close this post off with some factual information instead of some random opinion based on no actual apparent facts.

No, you were attempting to prove me wrong on a subject I was not even referring to.  Besides, just because it is law, does not mean it is enforced.  Do you know that is some states there are still laws about bathing more than once a week?  Or that you cannot own more than one pet?  Neither law is enforced, but it is still law.  Or did you know it is illegal to hang anything from your rearview mirror, but over half of the population does it, and a judge will no longer warrant the citation?  Again, as I've said before:  the US does have duty taxes, but they are not as heavily enforced as in countries like Canada and the UK.

You said the deal is done when you pay for the item and that you can't be charged any duty, this is obviously not the case as shown by that link.

I said you cannot legally be charged any additional charges (a duty tax included) without first being notified by the seller of such a possibility.  In America, there are laws prohibiting this.  If you would just read what I've posted, instead of being intent on disagreeing, you would see that you are not addressing the points I have made.

If you proceed to make such asinine accusations and misinterpretations I'll need to close this thread, which would not be fair to dshier89.  So please just read what's already been posted and let the conversation end.

[biggreen]

How are you paying?  Did you already pay for it, or are you paying COD?  If you've already paid for it, then the deal's final: no more money will be transacted for the purchase.

the bottom line is this statement is wrong.

http://www.customs.gov/xp/cgov/import/duty_rates/determining.xml

you can see here that it is entirely possible you will be charged duty in your country. You'll also note that this information is being presented to the importer.  
"CBP makes the final determination of what the correct rate of duty is, not the importer. " It is obvious that the importer  is responsible for the duty. You can close the thread and hold your breath but it still won't make your statement right.